Pixel Scroll 11/27/19 Mr. Turtle, How Many Ticks Does It Take To Get To The Center Of A Pixel Scroll?

(1) FACEBOOK FLIES OFF THE HANDLE. Canadian sff author Daniel Arenson somehow ran afoul of Facebook’s moderators by sharing images commemorating the Holocaust on his author page. The problem was unresolved for several days, and even now Arenson is concerned that he will be banned, as he explained in a post on his personal FB page. (As of this writing, the commemorative posts can be seen on Daniel Arenson’s author page.)

An update on my Facebook trouble… I might be banned entirely from the site. If I disappear, I want you to know why.

A few days ago, on my Author Page (separate from this account, which is my personal account) I shared a post that commemorated the Holocaust. It was a project created by a Jewish artist, and included some images of Holocaust victims. Facebook removed the photos, claiming they feature “nudity or sexual activity.”

This seemed to be the work of a bot. I figured it was just a bug in the algorithm. So I applied for a human to review this case, and to potentially restore the photos. A human took a look, told me the memorial photos (created by a Jewish artist) are “hate speech,” and that I’m banned from using Facebook for 24 hours.

Three days went by, and my Author Page was still in “Facebook jail.” Meanwhile, Facebook charged my credit card $1,100 for running ads using that page. The same page I’m locked out of.

I contacted Facebook support, and I finally got a hold of a human. I asked why I was banned, and how long the ban would last. They simply threatened to extend the ban. From their tone, it sounded like they might hit me with even more bans, maybe affecting my personal account (this one) too.

They did not provide reasons why this is happening. I explained that the photos were created by a Jewish artist, who wanted to commemorate the Holocaust. Facebook support staff simply threatened further bans against my account(s).

Today, even on my personal account, I’ve had some trouble accessing the website. Maybe it’s just a Facebook-wide issue, though, and unrelated to my troubles.

If I disappear entirely, this is why. I shared photos by a Jewish artist who wanted to commemorate the Holocaust. Since then, Facebook has been smacking my accounts around, and every time I contact them, it gets worse.

(2) VETERAN OF TM BATTLE SPEAKS OUT. Tara Crescent, after seeing news about Christine Feehan’s effort to trademark “Dark” for a series of fiction works, wrote how burdensome it was for her last year to fight someone else’s attempt to trademark “Cocky.” Thread starts here.

(3) THE AXE. Now who will make jokes about these turkeys? “Netflix Cancels ‘Mystery Science Theater 3000’ Before Your Yearly Thanksgiving Marathon”  reports ScienceFiction.com.

‘Mystery Science Theater 3000’ has once again been cancelled. This time by Netflix and right before the show’s anniversary. The series debuted on Thanksgiving in 1988 and would later grow into a yearly marathon. This year, you can still binge on this fan-favorite event but with the sad news that new episodes will not be on the horizon on Netflix.

(4) MIGNOGNA JUDGMENT. Nerd & Tie Trae Dorn reports “Vic Mignogna Ordered to Pay Almost a Quarter of a Million to Defendants in Final Judgement”.

You can read the entire order here, but it boils down to Mignogna being required to pay almost $250k to the defendants. While this is significantly less than the amounts asked for by the defendants (which was a sum roughly around $800k), it’s still a significant chunk of change. Mignogna’s representatives already attempted to file an appeal prematurely, and it is highly likely that they will attempt to do so again. If Mignogna’s potential appeal fails, he will be required to pay significantly more to the defendants as well.

(5) ACCESSIBILITY SUIT AGAINST NY LIBRARY. “Hunters Point Library hit with lawsuit over accessibility issues”Curbed New York has the story.

Disability rights advocates have filed a class-action lawsuit arguing that the brand new Hunters Point Library in Queens prevents people with mobility issues from “full and equal access” to the branch.

The lawsuit, filed in Brooklyn federal court by the Center for Independence of the Disabled New York (CIDNY), argues that the Steven Holl Architects-designed library violates the Americans with Disabilities Act (ADA). After two decades of planning, the $41 million branch opened in Long Island City this September to glowing architectural reviews, but soon came under fire because sections of the library are inaccessible to wheelchair users and others with limited mobility.

Disability Rights Advocates is handling the lawsuit on behalf of the plaintiffs and claims that “inaccessible features pervade” the new branch, and calls out three levels with bookshelves, a reading and small-group space in a children’s section, and a rooftop terrace for featuring accessibility barriers that prevent “full and equal enjoyment” of the library.

“Heralded as a ‘stunning architectural marvel’ and a ‘beacon of learning, literacy and culture,’ the newly-built Hunters Point Library was designed and built with a total disregard for adults and children with mobility disabilities and in flagrant contempt of the legal requirements of the Americans with Disabilities Act,” the 21-page complaint states.

(6) THE DEAR DEPARTED. There will be a special party at this weekend’s Loscon in Los Angeles –

(7) TODAY IN HISTORY.

  • November 27, 1981 Frankenstein Island preimired. Starring John Carradine and Cameron Mitchell, it’s more or less a remake of Teenage Zombies. It was co-produced, written, directed and edited by Jerry Warren who did the latter film as well. The fifteen hundred who have collectively rated it at Rotten Tomatoes give a vote of just seven. 
  • November 27, 2002 — The animated Treasure Planet premiered. It is at least the second telling of Stevenson’s Treasure Island in an SF film setting as there’s an 1987 Italian L’isola del tesoro  (Treasure Island in Outer Space)  series. It went on to be one of the costly box office failures ever as production costs alone were nearly one hundred and fifty million dollars. While it bombed at the theater, it has an impressive 71% rating at Rotten Tomatoes. 

(8) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge.]

  • Born November 27, 1907 L. Sprague de Camp. The Tales from Gavagan’s Bar he wrote with Fletcher Pratt are my favorite works by him. Best novel by him? I’d say that’s Lest Darkness Fall. (Died 2000.)
  • Born November 27, 1935 Verity Lambert. Founding Producer of Doctor Who. (When she was appointed to Who in 1963, she was BBC Television’s only female drama producer, as well as the youngest.) After leaving BBC, she’d oversee the Quatermass series at Thames. She’d return to BBC to Executive Produce three seasons of So Haunt Me, a supernatural series.  Wiki weirdly has her producing an episode of Doctor Who called “A Happy Ending” in 2006 which doesn’t exist. (Died 2007.)
  • Born November 27, 1942 Jimi Hendrix. I wouldn’t be including him but the Encyclopedia of Science Fiction has a long and persuasive essay on him actually being influenced by SF. It has comments such as “for example the title of his second single, ‘Purple Haze’ (1967), though taken by many to encode a reference to drugs, is actually from Philip José Farmer’s novel Night of Light…” That essay is here. (Died 1970.)
  • Born November 27, 1940 Bruce Lee. His only genre role was as Kato in The Green Hornet which to my utter surprise lasted for just twenty-six episodes between 1966 and 1967. He also appeared on Batman in three episodes, “The Spell of Tut”, “Batman’s Satisfaction”, and “A Piece of The Action”. (Died 1973.)
  • Born November 27, 1951 Melinda M. Snodgrass, 68. She wrote several episodes of Next Gen while serving as the story editor during its second and third seasons. She also wrote scripts for Sliders, Strange Luck, Beyond RealityOdyssey 5, Outer Limits and SeaQuest DSV. She’s a co-editor of and frequent story contributor to George R. R. Martin’s Wild Cards series.
  • Born November 27, 1964 Rebecca Ferratti, 55. Did you know some of the Gor novels were made into films? Well they were. This actress played Takena, the co-lead, in the ones that were made, Gor and The Outlaw of Gor. They may or may not have been the worst films she was in during her film career…
  • Born November 27, 1974 Jennifer O’Dell, 45. Her only meaningful  role to date, genre or otherwise, has been that of Veronica on Sir Arthur Conan Doyle’s The Lost World. She’s had some minor roles such on Charmed and Bones, and appearances on films such as Alien Battlefield but nothing major to date.
  • Born November 27, 1974 Alec Newman, 45. He played Paul Atreides on the Dune and Children of Dune series. He was Barnabas Collins in the Dark Shadows film, and he had the recurring role of Malik on Enterprise. He was Drogyn, Keeper of the Deeper Well, and an eternally young warrior of good on Angel

(9) COMICS SECTION.

  • Bizarro realized which profession would know how to get the most passengers in a small spacecraft.

(10) PRESENTING BILL. Gallifrey One, the annual Doctor Who convention in LA, announced a coup today — “Pearl Mackie Confirmed for 2020, and More!” 

Ms. Mackie received rave reviews from fans – and critics across the globe – playing the down-to-earth Bill, the series’ first openly gay companion character, including her tour-de-force performances later in the season during the two-part finale and the subsequent Christmas special, both hers and Capaldi’s final adventure “Twice Upon a Time.”

(11) RAPPIN’ REY. On the Tonight Show, Daisy Ridley performed a rap recapping the first eight episodes that make up Star Wars’ trilogy of trilogies. Full lyrics on YouTube here.

(12) RED-HANDED. “Great auk extinction: Humans wiped out giant seabird”.

“The great auk will always hold a place in my heart,” Dr Jessica Thomas says.

The Swansea-based scientist spent years piecing together an ancient DNA puzzle that suggests hunting by humans caused this giant seabird’s demise.

Dr Thomas studied bone and tissue samples from 41 museum specimens during a PhD at both Bangor and Copenhagen University.

The findings paint a picture of how vulnerable even the most common species are to human exploitation.

…About 80cm (2ft 7in) tall, the stubby-winged and bulbous-billed great auks used to be found all across the north Atlantic – from North America through Greenland, Iceland, Scandinavia and the UK.

“Being flightless, they were always targeted by local people for food and for their feathers,” says Dr Thomas.

“But around 1500, when European seamen discovered the rich fishing grounds off Newfoundland, hunting intensified.”

…”We looked for signatures of population decline [before 1500],” Dr Thomas said.

One of these signatures might be a lack of genetic diversity, suggesting individuals were inbreeding and the species, as a whole, was becoming vulnerable to disease or environmental change.

“But their genetic diversity was very high – all but two sequences we found were very different,” Dr Thomas said.

(13) DOOOON’T PANIC. “Russian cows get VR headsets ‘to reduce anxiety'”. Now that you mention it, I remember Carnation used to think it was important for milk to come from contented cows…

A Russian farm has given its dairy cows virtual reality headsets in a bid to reduce their anxiety.

The herd donned VR systems adapted for the “structural features of cow heads” and were shown a “unique summer field simulation program”.

Moscow’s Ministry of Agriculture and Food cited research which they say has shown a link between a cow’s emotional experience and its milk yield.

Initial tests reportedly boosted “the overall emotional mood of the herd”.

(14) GENRE BREW. [Item by Bill.] Inner Space Brewing Company, a Huntsville, AL craft brewery, has some SF themes going on.

The tap handle that looks like a Hugo rocket was fabricated by a local Huntsville woodworking shop

Woodtech on Triana Boulevard makes tap handles for local breweries in addition to specialty items for defense companies, wine crates, puzzles, wooden boxes, business signs, trays with old maps of Huntsville, cornhole-game boards and more.

Another beer-space Huntsville-local connection is the Straight to Ale craft brewery, makers of Monkeynaut Pale Ale, which was inspired by Miss Baker, who lived out her life at the local U.S. Space and Rocket Center.

Miss Baker (1957-1984) was a squirrel monkey who in 1959 became, along with rhesus macaque Miss Able, one of the first two animals launched into space by the United States and safely returned.

(15) OUR ROBOT UNDERLORDS? BBC appears to have scooped the local paper on this story — “Call to probe Boston police tests of ‘dog’ robots”.

Massachusetts State Police has been asked to explain how it is using robot dogs, by a civil liberties group.

The police force has spent the past three months testing “Spot” robot dogs alongside some of its officers.

The robots, made by Boston Dynamics, are believed to have helped with several live incidents as well as training scenarios.

The American Civil Liberties Union wants details about how and where the robots were being used.

…A video captioned with the words “MA State Police” and showing the robots opening doors and entering buildings was shared online by Boston Dynamics earlier this year.

“All too often, the deployment of these technologies happens faster than our social, political, or legal systems react,” said the ACLU in a statement given to Techcrunch.

In its letter, the campaign group said it wanted more “transparency” about the use of the robots, the ways in which they would be used and which officers would be deployed with them.

The ACLU said there was a need for regulations governing the use of the robots to ensure they did not trample on established civil rights and liberties or lead to racial injustice.

(16) KNUCKLING UNDER. According to the BBC, “Apple changes Crimea map to meet Russian demands”.

Apple has complied with Russian demands to show Crimea as part of Russian territory on its apps.

Russia annexed Crimea from Ukraine in 2014, in a move that was condemned by most of the global community.

The region is now displayed as Russian territory on Apple Maps and Weather, when viewed from inside Russia.

However, Apple Maps and Weather do not show Crimea as part of any country, when viewed outside Russia.

(17) CTHULHU’S KITCHEN. It’s time to remind everyone “How to Brine a Turkey by H.P. Lovecraft”. In his 2016 article, McSweeneys’ Robert Rooney explains the many advantages of this recipe, beginning with –

A turkey may be so prepared and preserved that, according to Artephius’s Key of Wisdom, “an ingenious Man may raise the fine Shape of a Homunculus out of its Ashes at his Pleasure, so he may, without any criminal Necromancy raise the Shape of any dead Ancestor for study and labor.”

(18) VIDEO OF THE DAY. Well, it’s a commercial. But it’s a cute commercial.

This holiday, follow the magical story of Lucy, a curious 6-year-old with a few questions for her reindeer friends. With the help of her mom’s Surface and Microsoft Translator, she finally gets her chance to ask the most important questions of the season. Microsoft technology empowers and connects everyone on the planet…well, almost everyone.

[Thanks to John King Tarpinian, JJ, Bill, Chip Hitchcock, Cat Eldridge, Martin Morse Wooster, Mike Kennedy, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Kip Williams.]

Pixel Scroll 11/4/19 Sandworms On A Plane!

(1) SPINRAD KEEPS ON DIGGING THAT HOLE. Norman Spinrad seems to have decided the solution is to start making up his own facts, judging by his latest Facebook post “Blackballed? Or Worse Still, Not? Revisited and Even Worse”. For one thing — of course people read his review — at Asimov’s website.

…Somehow, fans in the audience, most of whom who could never have even read my review, likewise foaming at the mouth, got it into their ignorant peabrain heads that STATE OF THE ART was defending this evil racist facisist who had polluted the vital bodily fluids of science fiction before I was even born. After all, it is well known that Norman Spinrad is an old white male, needing only to be dead to complete their social fascist hat trick.

It got picked up on Twitter, which is really fake news, as even Donald Trump knows, I got trolled, or rather the magazine did. And it just so happened that Penny Press, which publishes both Analog and Asimov’,s also financially supported the Campbell award, which is now going to be called something else, ala the other Campbell award, and academic award for the year’s best novel.

As William Burroughs put it, enough to make an ambulance attendant puke.

That’s the bad news. The good news is that there were enough people who understood the freedom of the press to get STATE OF THE ART back on the Asimov’s website. And I’m not dead yet, sorry about that, stay tuned, motherfuckers.

Then, in a comment, Spinrad lit into Jeannette Ng and jumped onto the Campbell-couldn’t-have-been-a-fascist train.

(2) THEORY AND PRACTICE. Ann Leckie commented on the recurring effort to place sf and fantasy in opposition. Thread starts here.

Before that, Leckie shared another theory:

(3) A WORD IN THE RIGHT PLACE. In “Africanfuturism Defined”, Nnedi Okorafor advocates for an alternative to Afrofuturism.

I started using the term Africanfuturism (a term I coined) because I felt… 

1. The term Afrofuturism had several definitions and some of the most prominent ones didn’t describe what I was doing.  

2. I was being called this word [an Afrofuturist] whether I agreed or not (no matter how much I publicly resisted it) and because most definitions were off, my work was therefore being read wrongly.  

3. I needed to regain control of how I was being defined…. 

(4) BACK TO WORK. 2019 Hugo-winning editor Navah Wolfe wasn’t on the sidelines for very long – Subterranean Press has hired her.

Subterranean Press announced that Hugo Award-winning editor Navah Wolfe will be acquiring and editing a number of novellas for the publisher to be released in 2021 and beyond.

“I’ve admired the work Subterranean Press has been doing for years, so it’s an honor to get to work with them to publish original fiction,” said Wolfe. “I’m really looking forward to publishing great novellas in Subterranean’s famously gorgeous editions.”

Managing editor and Chief Operating Officer Yanni Kuznia expressed excitement about this new editorial partnership. “Navah is one of the most exciting editors currently active in genre fiction, and I’m thrilled Subterranean has the opportunity to work directly with her.”

Wolfe parted ways with Saga Press a few weeks ago when they eliminated her position.

(5) IN OP-EDS TO COME. “We Shouldn’t Bother the Feral Scooters of Central Park” is the latest in the New York Times Op-Eds From the Future series. Author Janelle Shaneis an optics research scientist and the author of You Look Like a Thing and I Love You: How Artificial Intelligence Works and Why It’s Making the World a Weirder Place. Contributors to this series Op-Eds that they imagine might be read 10, 50 or even 200 years from now.

We’ve been safely coexisting with the feral self-driving scooters for over a decade. They’re part of the cityscape now, the last remnants of the scooter craze of 2021, sky-blue scooters that cruise the streets in solitude or cluster around their charging stations on the edge of Central Park, rippling their rainbow LEDs and beeping occasionally.

The New York City Department of Parks and Recreation recently announced a plan to lease the scooter charging spaces to vendors and is calling the feral scooters a menace. It’s true that the scooters have developed survival strategies that may not always prioritize the safety of their riders. But as a behavioral ecologist, I’m convinced that humans and scooters can adapt to each other and that removing the feral scooters from Central Park would be a mistake.

The feral scooters don’t want to harm humans — they’re not nearly intelligent enough to have such a goal (based on the specs I could find, their raw computing power is somewhere around the level of an earthworm’s). They are just another form of life trying to survive, and yet they aren’t life as we know it — they’re something much weirder and less understood. It would be a shame to let a brand-new form of life go extinct.

(6) STACKPOLE CLASS. Cat Rambo posted highlights of an online class: “21 Days To a Novel with Michael Stackpole”.

(7) TODAY IN HISTORY.

  • November 4, 1977 — The Incredible Hulk series premiered on CBS. Starring starred Bill Bixby as Dr. David Bruce Banner and  Lou Ferrigno as the Hulk, it would run for five seasons and an additional five tv films. It was followed by The Incredible Hulk Returns filmwhich was intended to lead to a new series but that never happened.

(8) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge.]

  • Born November 4, 1912 Wendayne Ackerman. Wife of Forrest J Ackerman in the Forties. After eight years of marriage, she and FJA divorced but remained friends and companions. Later she translated the German language Perry Rhodan books he acquired. In addition, he says that she coined the “sci-fi” term that he’s credited with being responsible for. (Died 1990.)
  • Born November 4, 1918 Art Carney. Yet another performer on The Star Wars Holiday Special, he playedTrader Saun Dann. Genre wise, he’s otherwise fairly light, showing in Ravagers, a post-nuclear holocaust film, Firestarter, The Muppets Take ManhattanThe Night They Saved Christmas and Last Action Hero. (Died 2003.)
  • Born November 4, 1930 Kate Reid. Dr. Ruth Leavitt on The Andromeda Strain.  Several years later, she’d be sort of typecast as Dr. Jessica Morgan, Director McNaughton Labs in Plague. Death Ship in which she plays Sylvia Morgan only sounds like typecasting. And I think her last genre appearance was on Friday the 13th: The Series as Lila Lita in the “Femme Fatale” episode. (Died 1993.)
  • Born November 4, 1950 Markie Post, 69. Her main genre role was voicing June Darby in the Transformers Prime series but she’s had a decent number of genre one-offs including The Incredible HulkBuck Rogers in the 25th Century, The Greatest American Hero, Fantasy Island, VR.5 and Ghost Whisperer
  • Born November 4, 1953 Kara Dalkey, 66. Writer of YA fiction and historical fantasy. She is a member of the Pre-Joycean Fellowship (which if memory serves me right includes both Emma Bull and Stephen Brust) and the Scribblies. Her works include The Sword of SagamoreSteel RoseLittle Sister and The Nightingale. And her Water trilogy blends together Atlantean and Arthurian mythologies. She’s been nominated for the Mythopoeic and Tiptree Awards.
  • Born November 4, 1953 Stephen Jones, 66. Editor, and that is putting quite mildly, as he went well over the century mark in edited anthologies quoted sometime ago. The Mammoth Book of Best New Horror accounts for seventeen volumes by itself and The Mammoth Book of (Pick A Title) runs for at least another for another dozen. He also, no surprise, to me, has authored a number of horror reference works such as The Art of Horror Movies: An Illustrated HistoryBasil Copper: A Life in Books and H. P. Lovecraft in Britain. He also done hundreds of essays, con reports, obituaries and such showing up, well, just about everywhere.
  • Born November 4, 1955 Lani Tupu, 64. He’d be here just for being Crais and the voice of the Pilot on the Farscape series but he’s actually been in several other genre undertakings including the 1989 Punisher as Laccone, and  Gordon Standish in Robotropolis. He also roles in Tales of the South SeasTime Trax and The Lost World. All of which we can guess were filmed in Australia. Lastly, he appears in the Australian remake of the Mission: Impossible series which if you haven’t seen it is quite excellent. I just found it in DVD format sometime in the past year. 
  • Born November 4, 1960 John Vickery, 59. In Babylon 5, he played Neroon which is where I remember him from as he was a Right Bastard there.  His major Trek universe role was as Rusot, a member of Damar’s Cardassian resistance group, appearing in the DS9 episodes “The Changing Face of Evil”, “When It Rains…” and “Tacking Into the Wind”.  He also played a Betazoid in Next Gen’s “Night Terrors” and a Klingon in Enterprise‘s “Judgment” episode. 

(9) MARKED UP. Pirated Thoughts scores the rounds as “DC Comics Battles with Celebrity Chef Over “Super Hero Chefs” Restaurants”.

Darnell “SuperChef” Ferguson finds himself is a trademark cook-off with DC Comics over the name of his new restaurants chain, “Superhero Chefs”.

Darnell “SuperChef” Ferguson is known for winning the “Ultimate Thanksgiving Challenge” hosted  on The Food Network and has also appeared on The “TODAY” Show, “The Rachael Ray Show,” and a whole bunch of other shows. Ferguson opened up three restaurants in Alabama, Georgia, and Kentucky called “Superhero Chefs” and using the above logo. Ferguson filed the trademark in his own name and not a company that owns the restaurants, not a smart move because Superman and company came a knockin’….

(10) WHAT ABOUT THE MIDLIST. Publishers Weekly considers the focus on megasellers in “Is Publishing Too Top-Heavy?”

…Simon & Schuster CEO Carolyn Reidy, during a discussion of the company’s second-quarter results, pointed to generating interest in midlist books as one of the biggest challenges facing all publishers.

Though the hits-driven nature of publishing has not changed in recent years, the nature of those hits has. Due to a number of coalescing factors—including a shrinking physical retail market and an increase in competing entertainment driven by the proliferation of streaming TV platforms—book publishing has watched as a handful of megaselling titles have begun to command an ever-larger share of its sales.

According to NPD BookScan, which tracks an estimated 80% of unit sales of print books, sales of the 100 bestselling adult titles increased 23% in 2018 compared to 2017. All other titles ranked below that top tier either fell or remained flat. On a 52-week rolling basis through Oct. 5, 2019, the sales of the top 100 books rose another 6% over the comparable 52-week period ending in 2018, while, again, all other sales levels either fared worse or stayed flat. Taken together, sales of the 100 bestselling print books rose nearly 30% over a period of about two years, while books that ranked between 101 and 10,000 saw their total print unit sales fall 16%. Books that ranked below 10,000 remained flat in the period.

(11) LOSS LEADER. The Hollywood Reporter says the latest Terminator movie is hemorrhaging red ink: “‘Terminator: Dark Fate’ Puts Franchise on Ice, Faces $120M-Plus Loss”.

A storied Hollywood film franchise has been terminated — at least for the foreseeable future.

Terminator: Dark Fate bombed in its global box office debut over the weekend, grossing just $29 million in the U.S., well behind expectations.

Nor was its performance much better overseas, where it has earned $94.6 million to date, including a lackluster China launch of $28 million, for a global total of $123.6 million.

 (12) GIFS THEY LOVE. Entertainment Weekly calls these “The 25 best Star Wars GIFs in the galaxy”. (I won’t run a sample here because I’ve been told GIFs in the Scroll drive people to distraction.)

From Yoda to lightsabers to Force ghosts, the Star Wars films have given us so much pop culture goodness over the years.

The dialogue, the drama, and the unforgettable characters lend themselves quite well to Internet infamy, particularly in the form of GIFs.

(13) ADDING TO MT. TBR. Andrew Liptak’s November book list is now live on Polygon: “17 new science fiction and fantasy books to check out this November”. It includes —

Made Things by Adrian Tchaikovsky

I fell in love with Adrian Tchaikovsky’s space opera novel Children of Time, a phenomenal story about uplifted spiders deep in space. His next is a novella that’s a return to usual territory for him: fantasy. Made Things is set in Fountains Parish, a rough neighborhood where crime is rampant. Coppelia is a thief who has some extra help: some puppet-like “friends” that she’s made. They don’t entirely trust her, but they have a relationship that works. But a new discovery changes her entire world, and they all must reexamine how they understood the world, and save their city from disaster. Civilian Reader says that it’s an “excellent short fantasy novella, one that introduces us to a new world, with interesting magic and politics.”

(14) LAND OF THE MIDNIGHT STUN. Vanity Fair’s Mark Seal offers his version of an Icelandic saga: “The Big Bitcoin Heist” – a crime where you can’t “follow the money.”

…While he was sleeping, someone had broken into the data center and stolen 550 Bitcoin computers, along with motherboards, graphics cards, and power accessories—a haul worth $500,000 for the hardware alone. It was the fifth cryptocurrency data center in Iceland to be hit in two months. The total take: $2 million in tech gear.

But the true value of the computers was far greater. If the thieves knew how to operate them, the machines could be used to mine Bitcoins—an operation that would churn out a continuous stream of virtual money for the burglars, all of it encrypted and completely untraceable. The criminals weren’t robbing banks, or even Fort Knox. They were stealing the digital presses used to print money in the age of cryptocurrency.

(15) CRISP SALUTE. “Walkers bags Mariah Carey for full-throated Christmas ad” and The Drum listens in.

In the spot by AMV BBDO, Carey is seen belting out the timeless classic amid a stereotypical Christmas setting but things go off script when the star becomes embroiled in a tug of war with a hungry elf for the last bag of Walkers Pigs in Blankets on set.

(16) GALAXY QUEST MEMORIES. Nerdist interviews actor “Rainn Wilson on GALAXY QUEST’s 20th Anniversary”.

What was it like for a young actor in his first movie to be on the set with big stars?

RW: There’s a deleted scene with me and Tony Shalhoub in the engine room, and I knew the lines coming in, but it was my first movie. I had done a couple little things on camera before, but seeing all of those stars—Sigourney Weaver from Alien; Tim Allen, who was huge at the time; Alan Rickman, Sam Rockwell, all of them—they were all standing behind me and I was so intimidated I couldn’t remember my lines. Maybe the first and last time I would do that.

And a really complex line like, “The iron capacitor and the valence protector don’t synchronize when rerouting the surveillance monitors,” or whatever I’m saying, I just couldn’t for the life of me get my lines out. It was humiliating. I kept fumbling. And I really was a theater actor, so I prided myself on knowing my lines and being able to come in and deliver. But I was sweating I was so nervous. And if you see it, if you watch the scene, you can kind of see on my face that I’m pretty intimidated and overwhelmed there. Watch it for the sheer terror on my face. Probably it fit the character.

[Thanks to Xtifr, Cat Eldridge, Chip Hitchcock, JJ, John King Tarpinian, Martin Morse Wooster, Mike Kennedy, Andrew Liptak, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Daniel Dern.]

Pixel Scroll 10/4/19 May The Pixel of Paradise Fly Up Your Scroll

(1) JUDGE DISMISSES MIGNOGNA SUIT. It’s over, unless there’s an appeal.

Sharon Grigsby’s commentary for the Dallas Morning News, “Anime voice actor Vic Mignogna loses big as judge drops final claims that Dallas-area studio and colleagues defamed him”, sums up:

…This sorry mess started in January, as Mignogna’s most recent film, Dragon Ball Super: Broly, soared to box office records. Its release also set off another round of allegations on social media about the 57-year-old actor’s aggressive kisses, hugs and unwanted sexual advances.

Mignogna repeatedly has denied all allegations of inappropriate actions, although he acknowledged in a June 26 deposition that people have commented negatively for years about his behavior.

As a columnist who writes regularly about these issues, I became interested in this case because of the voice actor’s decision to go on the offensive — digging in and fighting back against what he and his devoted fans have labeled lies, exaggerations and ploys for attention.

… The voice actor’s legal fight is apparently backed by a GoFundMe war chest, which has reached almost $250,000 since Minnesota lawyer Nick Rekieta opened it in February.

But even that large a sum may not cover all the plaintiff’s costs. Next up for the court is to sort out attorney’s fees — which could total up to half a million dollars given the multiple defendants and their legal representation — and mandatory sanctions.

Mignogna has provided the English-language voice for hundreds of animated shows, films and games created in Japan. He’s long been among the most popular actors at conventions across the nation that allow fans of the genre to meet their heroes.

His lawsuit named Funimation, voice actors Jamie Marchi and Monica Rial, and Rial’s fiancé, Ron Toye. The lawsuit painted the company and three individuals as a band of conspirators leading the charge to ruin Mignogna’s career. In response, those accused have maintained that the legal action is aimed at unjustly silencing them

Marchi, Rial and Toye were among the scores of anime talent and fans who, beginning early this year, tweeted critically about the actor’s behavior. Rial alleged that Mignogna grabbed her in a hotel room and forcibly kissed her without her consent at an anime convention in 2007. Marchi accused him of violently pulling her hair in a tense office encounter….

At Nerd & Tie, Trae Dorn’s “Vic Mignogna’s Case Against Monical Rial, Ronald Toye and Funimation Completely Dismissed” cut to the chase:

…the defendants challenged the suit under Texas’s Anti-SLAPP law (the TCPA), and a hearing was held on the matter about a month ago.

At that hearing, Judge John Chupp dismissed the case against Jamie Marchi entirely, along with most claims against the other defendants. A week and a half after that, Judge Chupp ordered both parties to attempt mediation to attempt to settle any remaining issues.

As that settlement resulted in an impasse, Judge Chupp has now issued his ruling on the TCPA motions. In it he has dismissed all remaining claims against the defendants under the TCPA. You can read the full dismissal here.

(2) “FORCEFUL” COOKWARE. How can we live without the ”Han Solo in Carbonite Signature Roaster”?

(3) LITIGATION RESOLVED. Brianna Wu announced in a public Facebook post today:

I’ve just been notified by my legal counsel that Alex Jones will be removing me from his defamation lawsuit.

My thanks to William Moran for representing me and getting this resolved. I look forward to focusing on my congressional campaign for the people of Massachusetts.

(4) MIND MELD. Nerds of a Feather’s Paul Weimer renews the popular feature originated at SF Signal: “The Hugo Initiative: Mind Meld: Favorite Best Novel Hugo Winner”.

What is your favorite winner of the Hugo award for best novel? Why?

Participants include Charlie Jane Anders, Casey Blair, Cheryl Morgan, Elizabeth Bear, Michael J. Martinez, Beth Cato, Marguerite Kenner, Sara Megibow, and Jaime Lee Moyer.

Marguerite Kenner picked this book —

My favorite best novel Hugo winner is from 1982 — ‘Downbelow Station‘ by C. J. Cherryh. I still own my first copy of it, a dog-eared, well-loved paperback. Captain Signy Mallory was the first ‘unlikable woman’ protagonist I remember resonating with, and I think I still know all the words to the filk song…

(5) QUESTION AUTHORITY. In “This is Not a Review of The Joker”  at Nerds of a Feather, Dean E.S. Richard dares to ask whether there was really any point to making the movie.

…In the first place, why do we need to know the origin of the Joker? For all his iterations through film, television and comics, what bearing does who he is and where he came from matter in the slightest? He is a villain for the sake of being a villain, which is a luxury most people writing fiction aren’t allowed, despite it being allowed in real life 2019. It works for the Joker precisely because he is The Joker – insane, given to sadistic whimsy, crafting ornate plans while simultaneously not having one at all. He works because he doesn’t have an origin. His adversary, Better Elon Musk, is all backstory. Rooted in his childhood trauma, he puts on a mask to keep it all out. Joker is what he is, unapologetically, always in pursuit of his mercurial goals, but doing what it takes to achieve them – Bats will give up his to protect a life, never willing to make the sacrifices truly needed.

In short, Joker works narratively because he is the perfect antagonist for Batman…

(6) THE JOKER’S ON US. Variety: “Box Office: ‘Joker’ Scores Record $13.3 Million on Thursday Night”.

Joaquin Phoenix’s “Joker” scored a record $13.3 million on Thursday night in North America.

The figure is above the $10 million in previews that was earned a year ago by “Venom,” which posted an $80 million opening weekend — both records for October. It’s the biggest preview number since “The Lion King” pulled in $23 million in July and portends a potential record opening. “Joker” has been forecast for a similarly massive debut in the $80 million to $95 million range from 4,374 North American theaters for Warner Bros.

[…] “Joker” premiered on Aug. 31 at the Venice Film Festival, where it won the Golden Lion, the festival’s highest prize. The pic polarized critics — while Phoenix’s performance has been lauded, the comic-book adaptation’s dark tone and handling of violence have generated a divisive response. “Joker” currently has a 69% score from critics on Rotten Tomatoes.

(7) DOESN’T LIKE IT ANYWAY. Nevertheless, NPR’s Glen Weldon finds that “‘Joker’ Is Wild … ly Dull”

In the comics and cartoons — and on film, as played by Jack Nicholson, Heath Ledger and (checks notes) Jared Leto — the Joker, Batman’s archenemy, is an agent of chaos.

…One of the many things Christopher Nolan’s The Dark Knight got right about the character is that we only think we want to know who he is and where he came from. The Joker works best, most purely, when unencumbered by the humdrum of the everyday. His motivations must and should remain mysterious, unknowable.

Director Todd Phillips’ new film seeks to strip all mystery from the character and make his motivations very knowable. And in that much at least, he succeeds.

…Certainly, Joker is tense, grimy and claustrophobic, and Phoenix’s performance is a big swing, and a risky one — the kind of big, risky swing that Oscar voters historically eat up with a big ol’ spoon.

But the film so desperately strives to reject comic book trappings — so aches to be seen as edgy, provocative, serious, adult — that it simply apes the tone, style and content of other, better, edgier and more provocative films like Taxi Driver and The King of Comedy and Fight Club.

(8) MELODIOUS REFERENCES. Fanac.org has posted video of filksinger Julia Ecklar’s 1989 concert at Tropicon.

Julia Ecklar was the special filk guest at Tropicon 8, held in Dania, Florida, in 1989. This recording captures her concert at the convention, and includes 10 songs (of which Julia wrote four). The last song is beautifully signed by Linda Melnick. In the 1980s and early 1990s, Julia was a sought-after filk performer at science-fiction conventions worldwide. As a published author, her skill with words is very evident in the songs she writes. Filk songs are often strong on narrative, and you’ll notice that a number of these are about science fiction novels that were popular at the time. If you’ve read the books, the impact of the songs is increased, but they are enjoyable even if you haven’t. Can you identify the novels? Because Tropicon didn’t officially sponsor filk guests, the local community raised money to bring in one filk guest for each Tropicon. Concerts like this were held as a benefit for those who had donated.

(9) CARROLL OBIT. Famed TV actress Diahann Carroll died October 4 at the age of 84. The two genre roles in her resume were The Man in the Moon, a musical fantasy from 1960 which features Andy Williams as an actual Man in the Moon who visits Earth and meets up with an array of human talent, including Carroll as a singer, and The Star Wars Holiday Special where she played Mermeia Holographic Wow.

(10) ZASLOVE OBIT. Animator, producer and director Alan Zaslove has died at the age of 92. Animation Magazine paid tribute:

Zaslove began his career in 1942 as an “office boy” at Leon Schlesinger’s Studios, and then went on to work on many UPA shorts and series, including Gerald McBoing-Boing and Mr. Magoo. During the 1960s and ‘70s, he worked as an animator on TV and feature projects such as Popeye the Sailor, Fractured Fairy Tales, Roger Ramjet, The Famous Adventures of Mr. Magoo, The Gumby Show, A Charlie Brown Christmas, The Phantom Tollbooth, A Chipmunk Christmas, Tom Thumb, The Night Before Christmas and Stanley the Ugly Duckling.

…He was nominated for Emmys for his work on DuckTales, Smurfs, Chip ‘n Dale Rescue Rangers, Darkwing Duck and the Aladdin TV series.

(11) TODAY IN HISTORY.

  • October 4, 1972 Night of the Lepus starring Janet Leigh appeared on movie screens. This horror film is based upon the science fiction novel The Year of the Angry Rabbit by Russell Braddon. It scores 27% at Rotten Tomatoes. 
  • October 4, 1985 — The Misfits Of Science series debuted. starring Dean Paul Martin and Courteney Cox, it would last just sixteen episodes before be canceled due to low ratings. 

(12) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge.]

  • Born October 4, 1860 Sidney Edward Paget. British illustrator of the Victorian era,  he’s definitely known for his illustrations that accompanied Arthur Conan Doyle’s Sherlock Holmes stories in The Strand. He also illustrated Arthur Morrison’s Martin Hewitt, Investigator, a series of short stories featuring the protagonist, Martin Hewitt, and written down by his good friend, the journalist Brett. These came out after Holmes was killed off, like many similar series. (Died 1908.)
  • Born October 4, 1904 Earl Binder. Under the pen name of Eando Binder, he and his brother Otto published SF stories. One series was about a robot named Adam Link. The first such story, published in 1939, is titled “I, Robot”. A collection by Asimov called I, Robot would be published in 1950. The name was selected by the publisher, despite Asimov’s wishes. As Eando Binder, they wrote three SF novels — Enslaved Brains, Dawn to Dusk and Lords of Creation. There’s lots of Eando Binder available on iBooks and Kindle. (Died 1966.)
  • Born October 4, 1923 Charlton Heston. Without doubt, best known for playing astronaut George Taylor in the Planet of the Apes. He retuned to the role Beneath the Planet of the Apes. He’s also Neville in The Omega Man. By the way, once at the LA Music Center he played Sherlock Holmes in The Crucifer of Blood, opposite Richard Johnson as Dr. Watson. His IMDB credits show him as being on SeaQuest DSV in the “Abalon” episode. (Died 2008.)
  • Born October 4, 1928 Alvin Toffler. Author of Future Shock and a number of other works that almost no one will recall now. John Brunner named a most excellent novel, The Shockwave Rider, after the premise of Future Shock. (Died 2016.)
  • Born October 4, 1929 Scotty Beckett. He costarred on Rocky Jones, Space Ranger which ran for thirty- four episodes from February to November 1954, lasting only two seasons. Because it was recorded on film rather than being broadcast live, it has survived.  You can the first episode of the series here.
  • Born October 4, 1932 Ann Thwaite, 87. Author of AA Milne: His Life which won the Whitbread Biography of the Year, as well as The Brilliant Career of Winnie-the Pooh, a scrapbook offshoot of the Milne biography. (And yes, Pooh is genre.) In 2017 she updated her 1990 biography of A.A Milne to coincide with Goodbye Christopher Robin for which she was a consultant. 
  • Born October 4, 1941 Anne Rice, 78. She‘s best known for The Vampire Chronicles. Confession time: I’ve not read them. So how are they? Same goes for Lives of the Mayfair Witches series which I’ve been told is excellent. It’s just that she’s too damn popular and I really don’t do popular all that well. 
  • Born October 4, 1946 Susan Sarandon, 73. She make Birthday Honors just for being Janet Weiss in The Rocky Horror Picture Show, but she’s also been in Enchanted as Queen Narissa, The Witches of Eastwick as Jane Spofford, The Lovely Bones as Grandma Lynn and The Hunger as Sarah Roberts. An impressive genre list indeed! 
  • Born October 4, 1956 Christoph Waltz, 63. He portrayed James Bond’s nemesis Ernst Stavro Blofeld in Spectre , he is set to reprise the role in No Time to Die. Genre wise, he also portrayed Qohen Leth in The Zero Theorem,Benjamin Chudnofsky in The Green Hornet (I lasted ten minutes before giving up), Cardinal Richelieu in The Three Musketeers, himself in Muppets Most Wanted, Léon Rom in The Legend of Tarzan and Dr. Dyson Ido in Alita: Battle Angel
  • Born October 4, 1975 Saladin Ahmed, 44. Hi Throne of the Crescent Moon was nominated for the Hugo Award for Best Novel and did win the Locus Award for Best First Novel. He has also written in Kamala Khan (The Magnificent Ms. Marvel), Black Bolt, Exiles and the Miles Morales (Spider-Man) series, all on Marvel Comics. Oddly only his Marvel is available on iBooks and Kindle. 

(13) INSIDE STORY. Heather Rose Jones launched a new blog, explaining: “I’ve decided to start developing a FAQ for the Alpennia series, one question at a time.” First question: “Alpennia FAQ: Are the Alpennia books romances?”

I thought I’d post the individual questions+answers here in the blog first–which gives a chance to get more feedback–and then migrate them to their own page once the series is finished. If you have a general-interest question about the series that you think might not occur to me, let me know in the comments! Or if you want more details or further explanation on a topic.

(14) UNHIDDEN. John DeNardo shows us where to learn “Everything You Wanted to Know About Science Fiction’s Lost History (Almost)” at Kirkus Reviews. That would be from the book Lost Transmissions: The Secret History of Science Fiction and Fantasy by Desirina Boskovich.

… This treasure trove of secrets, presented in a generously illustrated hardbound volume, is like a gateway into science fiction’s inner sanctum. Though it may seem squarely aimed at science fiction fans, the fact that SF so pervades our culture makes it an attractive coffee table book for anyone. Everyone will find something to relate to here, whether it’s reading about a favorite author, like Philip K. Dick or Angela Carter; or about the rock band The Who and their never-fully-materialized concept album follow-up to Tommy called Lifehouse, set in a near future where reality is experienced through a worldwide network called The Grid. The topics are simply too attractive for even the casual science fiction fan to ignore…

(15) ROANHORSE EXCERPT. The B&N Sci-Fi & Fantasy Blog invites readers to “Rejoin General Leia and Poe Dameron in an Exclusive Excerpt from Star Wars: Resistance Reborn by Rebecca Roanhorse”.

To celebrate the lead-up to Episode IX: The Rise of Skywalker, today we’re all about exploring the next major novel in the Star Wars Expanded Universe: Star Wars: Resistance Reborn, written by Hugo and Nebula-winner Rebecca Roanhorse.

Set in-between the shocking climax of The Last Jedi—which saw the Resistance against Kylo Ren and the ruthless First Order nearly collapse, costing the life of an iconic character—and the opening scenes of the new film, Resistance Reborn serves as “Episode 8.5” (VIII.V?) of the saga, introducing crucial new characters and setting the stage for the a climactic clash more than four decades in the making.

(16) PORTMAN’S LATEST. Leonard Maltin is not a big fan of this one: Lucy in the Sky: Earthbound”.

Lucy in the Sky is an ideal vehicle for Natalie Portman, cast as an astronaut who finds outer space thrilling and life back on earth somewhat less so. Affecting a Southern accent and sporting a short haircut, she creates a character who is thoroughly relatable, at first. We understand her exhilaration during a spacewalk and her dissatisfaction at home, despite the fact that she has a loving husband (Dan Stevens), a salty grandmother (Ellen Burstyn) and congenial colleagues. As it unfolds, however, the story takes this character to extremes.

(17) BY ANY OTHER NAME. Nina Shepardson reviews In the Shadow of Spindrift House by Mira Grant” at Outside of a Dog.

…Seanan McGuire uses the Mira Grant pen name to write stories with a somewhat darker tone, but Spindrift House shares one major commonality with some of her best work as McGuire. As in the Wayward Children series, the theme of “found family” plays a major role here. Harlowe and her friends understand each other’s quirks, help each other through difficulties both major and minor, and generally act as siblings to each other.

(18) ONE SMALL STEP. [Item by Chip Hitchcock.] “Paralysed man moves in mind-reading exoskeleton” — We’re a long way from A Spectre Is Haunting Texas — but this is a step. Includes video of walking.

A man has been able to move all four of his paralysed limbs with a mind-controlled exoskeleton suit, French researchers report.

Thibault, 30, said taking his first steps in the suit felt like being the “first man on the Moon”.

His movements, particularly walking, are far from perfect and the robo-suit is being used only in the lab.

But researchers say the approach could one day improve patients’ quality of life.

(19) SUPER POO FLINGING. The Guardian passes along one expert’s opinion: “Martin Scorsese says Marvel movies are ‘not cinema'”.

Martin Scorsese, one of cinema’s most venerated current directors, has decried superhero movies – the dominant force in today’s industry. The director of films such as Taxi Driver, Raging Bull and Goodfellas told Empire magazine that his attempts to get up to speed with contemporary superhero films had failed.

“I tried, you know?” the director said when asked if he had seen Marvel’s movies. “But that’s not cinema.”

(20) ANIME CHARACTER PROMOTES CONDOM USE. “In The Name Of The Moon: Free Sailor Moon Condoms Distributed By The Japanese Government Will Protect You From STDs And Pregnancy!”ScienceFiction.com has the story.

In the name of the moon, I will protect you… from unwanted pregnancy and STDs!  Japan’s Ministry of Health, Labor and Welfare has partnered with Naoko Takeuchi to distribute free Sailor Moon condoms!  These condoms, which come in cute heart-shaped wrappers, will be distributed for free at STD/STI prevention events throughout October.  The first takes place tomorrow, October 5 in Fukuoka, with another taking place in Hiroshima, on Monday, October 14 in Hiroshima.

[Thanks to John King Tarpinian, JJ, Mike Kennedy, Todd Mason, Olav Rokne, Martin Morse Wooster, Eric Franklin, Chip Hitchcock, Michael Toman, Cat Eldridge, Daniel Dern, StephenfromOttawa, and Andrew Porter for some of these stories. Title credit belongs to File 770 contributing editor of the day Joel Zakem.]

Brought to You By The Letter Aaaarrrrgggghhhh!

The day before yesterday Richard Fox answered File 770’s article “Perjury, Not Piracy, Is the Problem” in a post on his blog, “If someone asks you to remove pirated stories, and you refuse, you’re wrong. All stop.” [Internet Archive link.]

There you can see Fox’s comment that I wouldn’t post here, rehearsing falsehoods, dodging significant questions, and working in some juvenile namecalling. He insists I should not have denied him the chance to defend himself at File 770. “I take the freedom of speech very seriously,” says Fox. He takes it very seriously — on other people’s blogs. Richard Fox doesn’t allow comments on his own blog.

Linking is not piracy. Fox’s deceptions start right in his title. File 770 never hosted a copy of Fox’s story “Going Dark.” We included a link to the Google Drive file, after seeing the URL on SFWA’s public-facing Nebula Reading List.

Courts have long held that including a link is not the same as hosting the material yourself. The Ninth Circuit Court of Appeals decided that in Perfect 10, Inc. v. Amazon.com, Inc. (2007). The issue was also raised in a suit against Boing Boing, dismissed last year, analyzed at the Electronic Frontier Foundation.

How links are chosen. File 770 runs features like JJ’s “Where To Find The 2018 Nebula Finalists For Free Online” as a reader service, impartially listing all the works available. We aren’t going to have people coming back to ask “Why didn’t you link to Richard Fox’s story on the SFWA site?”

Many online magazines post fiction free online, asking for subscriptions or Kickstarter support. That’s their business model. Many self-published authors post sample stories to publicize their work, another traditional marketing strategy.

Likewise, to attract attention to members’ work from all quarters, SFWA changed the Nebula Reading List to a public facing part of its site in 2015 (see the press release). It’s been public for four years. Whatever is linked to from there is visible to the public. That ranges from links to Amazon sales pages to links of the full text of works, as determined by the SFWA member involved.

How links get on the Nebula Reading List. SFWA has two ways for members to share work, as their FAQ explains.

  • The Nebula Reading List. This is visible to the public. Members must be logged into the SFWA discussion boards to add new entries to the list.
  • SFWA Members may also make work available in the SFWA Fiction section of the Discussion Boards. This is accessible only to members who are logged in to the Discussion Boards.

I asked Kate Baker, SFWA’s Executive Director, how this works and was told —

A member or the author themselves can create a listing on both the public/private reading lists. This does not fall under SFWA Webmaster or the Nebula Award Commissioner’s duties. 

The person who created it would not have the ability to remove it.

What was on the SFWA site was also just a link — they did not host the file. They had no control over the files of “Going Dark” on the Google Drive.

However, the page listing the links could only be removed with SFWA’s assistance.

And indeed, that page now has been reformatted with a solo link to a members’ only entry in the SFWA Forum. Previously it had six links and looked like this [Internet Archive link].

Pirate link on SFWA’S Nebula Recommended Reading List? According to Fox:

When this year’s Nebula Awards were getting attention, I shared my short story GOING DARK with the password protected site that was only for Science Fiction Writers of America. Sharing this was only for their consideration, and never for the general public as I had the story in an anthology that was for sale.

And yet he also says:

I deleted the post after the Nebulas, but I put on several different versions.

Where did the links on the public Nebula Reading List come from?

Somewhere in this milieu, a Google drive file of the story was created and made available for outside of the password protected site….

At Camestros Felapton’s post “Larry Correia Endorses Richard Fox’s Piracy Claims”, Fox has by now made over 40 comments and given a convincing impression that he doesn’t know how the internet works. How can anyone rely on his notion of what happened or might have happened when he can’t assess the most basic facts?

In February, Fox found Camestros linked to the same Google Drive file that was listed on the SFWA site. Fox says at that time “I thought you were hosting the file”. Camestros removed the link when asked. And Fox says, “After you removed the link, I assumed the file was gone”.

By the same token, Fox insisted my citing the same link meant I, too, was actually hosting the file.

The SFWA site? Fox claims, “I didn’t know they were there. Once Glyer pointed them out, I submitted the take down notices.”

Yes, I had to explain to him where the links led to. And once he had the information he filed a DMCA takedown notice against me anyway.

DMCA Takedown Notices. My ISP took down JJ’s post. Fox has tried to carry the day on Camestros’ blog by telling everyone —

You know who agreed with my position that linking to the story was piracy? Glyer’s ISP. Are you more experienced with that realm of internet management?

That is a complete misrepresentation of the law. If you fill out your DMCA takedown notice correctly, and the ISP you send that to sees they are hosting the targeted content, they are obligated to take it down and notify the customer of his rights, which includes the right to file a DMCA counter notice. The ISP is not the arbiter of the charge. They simply comply with the DMCA statute to avoid forfeiting the safe harbor they receive for obeying it. 

I filed a DMCA counter notice, starting the clock running that gave Fox up to 14 days to file “an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.”

He didn’t follow through with any legal action because his takedown notice was a prank, and one he could do for free. My post went back online.

And it’s actually Fox who could be subject for damages under 17 U.S. 512(f) for his knowing misrepresentation that my link was infringing his copyright.

I’m ruler, said Yertle, of all that I see. Richard Fox reasons, “It’s fairly evident that I am the copyright holder of that story and if I say a link to something is pirated…it really shouldn’t be much of a discussion.”

So then, should I have taken the action Richard Fox requested anyway? I almost did. Then after I got a few more emails from him that amounted to “Yes you #!@%! pirate stop stealing from me oh and by the way let me repeat a few choice insults Larry Correia wrote about you, too” he convinced me it was a better idea to keep enjoying my legal right to post a link to something on the internet.

Larry has rushed in to try and prop him up. You’ve got to be impressed with Larry’s genuine humility in carrying water for guys like Richard Fox – because it doesn’t get any lower than that.

If you want a result, you ask like a human being. If you want a kerfuffle, you make false charges, namecall, and rope in renowned internet liars to echo your story – and the people who love that kind of thing will love Richard Fox.  

Meanwhile, back at the ranch. You know who else must have thought that Google Drive link was a valid public copy of Fox’s “Going Dark”? The SFWA Webmaster. Every work that made the 2018 Nebula Awards ballot got a dedicated page on the SFWA site. And it’s still online, still displays the same Google Drive link (though broken now) used in JJ’s post. (Just in case the original disappears five minutes after my post goes online, here’s a copy at the Internet Archive). A screenshot taken today shows the meta data about the link. (Click on the image for a larger version.)

Pixel Scroll 9/7/19 Two Thousand Million Or So Years Ago Two Pixels Were Scrolling

(1) MOSLEY QUITS STAR TREK: DISCOVERY. Walter Mosley tells “Why I Quit the Writers’ Room” in an op-ed for the New York Times. His piece doesn’t name the show he quit. The Hollywood Reporter does: “Author Walter Mosley Quits ‘Star Trek: Discovery’ After Using N-Word in Writers Room”. Mosley writes —  

Earlier this year, I had just finished with the “Snowfall” writers’ room for the season when I took a similar job on a different show at a different network. I’d been in the new room for a few weeks when I got the call from Human Resources. A pleasant-sounding young man said, “Mr. Mosley, it has been reported that you used the N-word in the writers’ room.”

I replied, “I am the N-word in the writers’ room.”

He said, very nicely, that I could not use that word except in a script. I could write it but I could not say it. Me. A man whose people in America have been, among other things, slandered by many words. But I could no longer use that particular word to describe the environs of my experience.

…I do not believe that it should be the object of our political culture to silence those things said that make some people uncomfortable. Of course I’m not talking about verbal attacks or harassment. But if I have an opinion, a history, a word that explains better than anything how I feel, then I also have the right to express that feeling or that word without the threat of losing my job. And furthermore, I do not believe that it is the province of H.R. to make the decision to keep my accusers’ identities secret. If I’ve said or done something bad enough to cause people to fear me, they should call the police.

My answer to H.R. was to resign and move on. I was in a writers’ room trying to be creative while at the same time being surveilled by unknown critics who would snitch on me to a disembodied voice over the phone. My every word would be scrutinized. Sooner or later I’d be fired or worse — silenced….

The Hollywood Reporter solicited CBS’ take on Mosley’s departure –

CBS TV Studios responded to Mosley’s op-ed on Friday in a statement provided to The Hollywood Reporter: “We have the greatest admiration for Mr. Mosley’s writing talents and were excited to have him join Star Trek: Discovery. While we cannot comment on the specifics of confidential employee matters, we are committed to supporting a workplace where employees feel free to express concerns and where they feel comfortable performing their best work. We wish Mr. Mosley much continued success.”

(2) CHANDRAYAAN-2. The lander and rover apparently didn’t make it: “‘We Came Very Close:’ Indian Prime Minister Modi Lauds Chandrayaan-2 Team After Moon Lander Goes Silent”.

India’s space program will bounce back strong from the apparent failure of Friday’s (Sept. 6) lunar landing attempt, Prime Minister Narendra Modi stressed.

The nation’s Chandrayaan-2 moon orbiter dropped a lander called Vikram toward the lunar surface Friday afternoon. Everything went well for a while, but mission controllers lost contact with Vikram when the craft was just 1.3 miles (2.1 kilometers) above the gray dirt.

As of this writing, the Indian Space Research Organisation (ISRO) had still not officially declared Vikram lost; the latest ISRO update stated that descent data are still being analyzed. But Modi’s comments strongly suggest that Vikram and Pragyan, the rover that was supposed to deploy from the lander, are dead.

…Indeed, India plans to develop a Chandrayaan-3 moon mission in the coming years, and the nation also intends to put humans on the lunar surface at some point. ISRO is working to send a second orbiter to Mars in the mid-2020s as well. (The nation’s first Red Planet probe, Mangalyaan, has been studying Mars from orbit since September 2014.)

And there’s still the other half of Chandrayaan-2 to consider. The mission’s orbiter, which arrived at the moon last month, is scheduled to operate for at least a year. The spacecraft is using eight science instruments to study the moon in a variety of ways — creating detailed maps of the lunar surface, for example, and gauging the presence and abundance of water ice, especially in the south polar region.

(3) TIME FOR THE TESTAMENTS. NPR has the answer to “Why Margaret Atwood Said ‘No’ To A ‘Handmaid’s Tale’ Sequel — Until Now”.

…Atwood says it just seemed like the time for a sequel. “People had been asking me to write a sequel for a long time, and I always said no, because I thought they meant the continuation of the story of Offred which I couldn’t do,” she says. “But then I thought, what if somebody else were telling the story? And what if it were 15 or 16 years later? And it was also time, because for a while we thought we were moving away from The Handmaid’s Tale. And then we turned around and started going back toward it, ominously close in many parts of the world. And I felt it was possibly time to revisit the question of, how do regimes like Gilead end? Because we know from The Handmaid’s Tale that it did end.”

(4) DANCING MARVELS. Popsugar features some amazingly skilled kids – who apparently are their high school’s counterparts to my daughter’s colorguard team. “Oh, Snap: This High School Dance Team’s Avengers Routine Is Pretty Freakin’ Marvelous”.

A year after their viral Harry Potter dance routine, the students of Arizona’s Walden Grove high school are at it again with some incredible Avengers-themed homecoming choreography. The talented PAC dance team put their own twist on Marvel’s Cinematic Universe and brought the beloved superheroes back to life — with some badass moves.

The full routine is an intergalatic trip through the Avengers: Infinity War and Avengers: Endgame storylines. […]

(5) WITH RECEIPTS. Mimi Mondal is “Rewriting the history of science fantasy fiction” in the Hindustani Times.

…In 2016, a bust of HP Lovecraft was removed as the trophy for the World Fantasy Award, but the change had caused so much debate that a new trophy — a twisted tree girdling a full moon — wasn’t released till the next year. Last year, after the death of Harlan Ellison, obituaries from grieving fans were mixed with accounts of his serial sexual harassments, including of women author peers. Two months later, NK Jemisin made history by winning her third consecutive Hugo Award for the best novel. Veteran author Robert Silverberg denounced her acceptance speech as “graceless and vulgar” for having passionately spoken against the obstacles faced by black women writers in SFF, again to the thundering applause of the auditorium in San Jose, which I was present to witness. Jemisin’s speech was in more than one way a precursor to Ng’s.

The change in our genre is a reflection of the change that’s happening in the world. As a genre, SFF is fairly new — barely a century old — and, while science fiction in particular (less so fantasy and horror) has always worn a progressive veneer, the stories of progress have always belonged to a small, privileged group of people. But SFF is also a hugely popular and consumer-facing genre, which means trends are driven by those who consume the stories. Changes in SFF are a direct result of the changing reader and buyer demographic, which no longer simply constitutes white men in the West….

(6) YOU’RE GETTING COLDER. “Was Walt Disney Frozen?” Snopes says nope. Is there nothing left for us to believe in?

Half a century onwards, the rumor that Walt Disney’s body was put in cryonic storage remains one of the most enduring legends about the entertainment giant.

(7) LYNLEY OBIT. Actress Carol Lynley died September 3 of a heart attack reports the New York Times. She was 77. Her genre appearances included The Man From U.N.C.L.E., Night Gallery, and Tales of the Unexpected, She was in the feature films Beware! The Blob and Future Cop, and the TV movies that gave rise to series Kolchak: The Night Stalker and Fantasy Island.

(8) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge.]

  • Born September 7, 1795 John William Polidori. His most remembered work was “The Vampyre”, the first published modern vampire story published in 1819. Although originally and erroneously accredited to Lord Byron, both Byron and Polidori affirmed that the story is his. Because of this work, he is credited by several as the creator of the vampire genre of fantasy fiction. (Died 1821.)
  • Born September 7, 1937 John Phillip Law. He’s probably best remembered as the blind angel Pygar in the cult  film Barbarella which featured Jane Fonda in that bikini. He shows up in Tarzan, the Ape Man as Harry Holt, and he’s in a South African SF film, Space Mutiny, as Flight Commander Elijah Kalgan, that’s set on a generation ship. Look actual SF! (Died 2008.)
  • Born September 7, 1955 Mira Furlan, 64. She’s best known for her role as the Minbari Ambassador Delenn on entire run of Babylon 5, and also as Danielle Rousseau on Lost, a series I did not watch. She’s reunited with Bill Mumy and Bruce Boxleitner at least briefly in Marc Zicree’s Space Command.
  • Born September 7, 1960 Christopher Villiers, 59. He was Professor Moorhouse in “Mummy on the Orient Express”, a Twelfth Doctor story. It’s one of the better tales of the very uneven Calpadi run. He’s also Sir Kay in First Knight and is an unnamed officer in From Time to Time which based on Lucy M. Boston’s The Chimneys of Green Knowe.
  • Born September 7, 1966 Toby Jones, 53. He appeared in “Amy’s Choice”, an Eleventh Doctor story, as the Dream Lord. In Harry Potter and the Chamber of Secrets, he voiced Dobby the house elf. And in 
  • Finding Neverland, Mr. Smee, Captain Hook’s bo’sun. Guess what work that film was based on. Finally I’ll note that he was — using motion capture — Aristides Silk in The Adventures of Tintin. 
  • Born September 7, 1973 Alex Kurtzman, 46. Ok, a number of sites claim he destroyed Trek. Why the hatred for him? Mind you I’m more interested that he and Roberto Orci created the superb Fringe series, and that alone redeems them for me.
  • Born September 7, 1974 Noah Huntley, 45. He has appeared in films such as 28 Days Later, The Chronicles of Narnia: The Lion, the Witch and the Wardrobe (excellent film), Snow White and the Huntsman (great film), Event Horizon (surely you’ve something else to do) and Dracula Untold (woo, not so great). He’s Gawain in The Mists of Avalon series and shows up as Donovan Osborn in the CW series Pandora which, I’m not kidding, got a Rotten Tomatoes zero percent approval rating. Ouch. 
  • Born September 7, 1993 Taylor Gray, 26. He’s best known for voicing Ezra Bridger on the animated Star Wars Rebels which I highly recommend if you’re into Star Wars at all as it’s most excellent.  He also played Friz Freleng in Walt Before Mickey

(9) MIGNOGNA SUIT WHITTLED DOWN. A Texas state judge delivered a setback to Vic Mignogna, who has brought suit to stifle some of the public #MeToo charges voiced against him. The Dallas News has the story: “In anime’s #MeToo moment, Vic Mignogna a no-show at Tarrant County hearing and his case is mostly an unholy mess”.

State District Judge John Chupp dismissed a number of the claims by Mignogna’s attorney and promised to rule on the remainder in the next 30 days.

…Friday was a significant milestone in a civil lawsuit brought by local anime voice actor Vic Mignogna against two of his Dallas-area colleagues, the fiance of one of the women, and a company that cut ties with him. Mignogna says their statements about his inappropriate behavior with women amount to an unfair campaign to destroy his career. His accusers say his lawsuit is aimed at silencing them.

After three hours of arguments between a tightly scripted defense team and Mignogna’s astonishingly unorganized — and at times ill-prepared and illogical — attorney, Chupp dismissed a number of the claims and promised to rule on the remainder in the next 30 days.

…January’s record-breaking opening of Broly also set off another round of accusations and stories on social media about the 56-year-old actor’s long-rumored inappropriate behavior with women — which allegedly has included aggressive kisses, hugs and unwanted sexual advances.

Online, thousands of anime fans rushed to pick a side in the warfare hashtagged #kickvic and #IStandWithVic. Mignogna repeatedly, and sometimes in great detail, denied all the allegations.

Amid the outcry, Flower Mound-based Funimation Productions, which dubs and distributes anime shows, including much of the Dragon Ball franchise, announced in February that it had severed ties with Mignogna after an internal investigation.

Mignogna’s lawsuit, filed April 18, alleged defamation, tortious interference, conspiracy and other charges against Funimation, voice actors Jamie Marchi and Monica Rial, and Rial’s fiance, Ron Toye. The lawsuit painted the company and three individuals as a band of conspirators leading the charge to reduce Mignogna to ruins.

Friday the 141st District Court’s gallery was packed with interested parties, and many of them were there to support Rial and Marchi.  But Mignogna was nowhere to be found. Perhaps that was for the best, given the often befuddled oral arguments of his Tyler-based attorney, Ty Beard….

And the many worldwide Mignogna fans who have contributed to the massive GoFundMe for his legal fees, a war chest which now stands at more than $242,000,  might well have wanted their money back if they had been in the courtroom today.

…At the end of the proceedings — which went an hour longer than the court had allocated — Chupp dismissed all claims against Marchi, all except defamation against Funimation and all except defamation and conspiracy against Rial and Toye.

Those outstanding claims are weighty ones — Funimation, Rial and Toye are still on a sharp hook. I suspect Chupp needed to give more consideration and study to each before making his ruling. Or maybe the amateurish performance of the plaintiff’s legal team had just worn on his last nerve to the point that the extremely patient judge  needed a break.

(10) A TOAST GOODBYE. Food & Wine says “An Official ‘Mr. Robot’ Beer Will Premiere Along with the Final Season”. Doesn’t it make you wonder what alcoholic beverages should have accompanied the cancellation of The Original Star Trek (Saurian brandy!) or Agent Carter (Crown Russe Vodka?).

All good things come to an end. Including TV shows. (Except maybe The Simpsons.) But for fans of USA Network’s critically-acclaimed hacker drama Mr. Robot, at least they’ll have a beer to toast when the series premieres its fourth and final season on October 6.

In an official collaboration, USA Network has enlisted New York’s Coney Island Brewery to produce fsociety IPA — a hazy IPA inspired by Mr. Robot. Though the connection between television show and branded beer can often feel tenuous, working with the Coney Island-based brand is actually an inspired choice since the beachy New York City neighborhood serves as a significant setting in the show.

(11) THE VEGETARIAN GODZILLA. “Japanese scientists find new dinosaur species”: Yahoo! has photos.

Japanese scientists have identified a new species of dinosaur from a nearly complete skeleton that was the largest ever discovered in the country, measuring eight metres (26 feet) long.

After analysing hundreds of bones dating back 72 million years, the team led by Hokkaido University concluded the skeleton once belonged to a new species of hadrosaurid dinosaur, a herbivorous beast that roamed the Earth in the late Cretaceous period.

A partial tail was first found in northern Japan in 2013 and later excavations revealed the entire skeleton.

The team named the dinosaur “Kamuysaurus japonicus,” which means “Japanese dragon god,” according to a statement issued by the university.

(12) ANOTHER CON REPORT. Emily Stein in CrimeReads offers “An Ode To Podcasts:  Dispatches From Podcon 2019” as a report from a podcasting convention in Seattle that won’t be held again because of financial trouble.

…Earlier this year, I traveled to Seattle to attend PodCon, an annual conference celebrating all things podcasts. While many kinds of podcasts were represented, PodCon has always had a special fondness for audio dramas, or fiction podcasts, and the fervent fandom they inspire. (Have I stayed up until midnight to hear the mind-blowing 50th episode of The Bright Sessions the second it dropped? Maybe! Did I co-create a Facebook group for listeners of I Am In Eskew to trade their nerdy fan theories? Who’s to say? Might I have joined a Discord server just to talk about Debbie’s mysterious notebook in King Falls AM? Yes, I might have. I did.)…

Four months after PodCon 2 came to a close, conference co-founder Hank Green announced that PodCon would not be returning. A variety of financial and logistical challenges had converged to make the event unsustainable, though Green expressed optimism that another conference might develop solutions to the issues they’d found insurmountable. As beloved as many podcasts are, in many ways, the medium is still finding its footing in today’s entertainment landscape. For every My Favorite Murder or Reply All, there’s a multitude of indie podcasts fighting for a wider audience, even as some bask in the glow of a small but fiercely loyal following—a coven of people who’ve found the same secret, whose days all light up when a new episode hits their feed.

(13) ACROSS A SEA OF PAPER. Polygon’s Isabella Kapur acquaints readers with the historic role of the fanzine Futurian War Digest: “Fandom under fire: how fanzines helped sci-fi survive the Blitz and beyond”.

…For the past six months, as part of the exhibition As If: Alternative Histories from Then to Now at The Drawing Center, a small art museum in New York City, I have explored illustration, novels, and posters as well as fanzine materials from as far back as the 1940s. Zines were hard for fans to get their hands on, as they were printed and collated in school clubs or at the dining room table, sometimes mailed out to subscribers and contributors one by one. And yet, these publications formed the backbone of what would become modern fan culture, not just a reflection of media but a reimagining of reality.

The cost of a mimeograph machine may have been high, but the cost of not talking to each other was higher — even in some of the most dire moments of the 20th century. The oldest zine included in As If is also the longest running fanzine to remain in distribution in Britain throughout the course of the second World War: Futurian War Digest, or FIDO, which printed from October 1940 until March 1945.

FIDO reviewed science fiction works and reflected on the fragile state of the fan community in the United Kingdom during wartime. The first issue of the zine, which was published and distributed less than a month after the start of the London bombing raids known as The Blitz, made a point of announcing the conscription of fan William F. Temple and the death on active duty of sci-fi enthusiast Edward Wade. These sombre announcements ran alongside musings about John Carter of Mars.

In a time of great uncertainty, publisher J. Michael Rosenblum said in the pages of FIDO that his self-avowed goal was to “a) to give news of and to fandom, b) to keep burning those bright mental constellations possessed by all fans.” The publication was created just as much to be an archive and time capsule as a source of entertainment, news, and distraction. By publishing the fanzine, Rosenblum recorded the history of a subculture of science fiction enthusiasts, and helped to keep a community that was being actively ripped apart together.

… The physical evidence of this transatlantic fan solidarity can be seen in the unusual shape and size of Futurian War Digest Vol. 1 #9, which was printed on four packages of paper donated by U.S. fan Forrest J. Ackerman. Ackerman, who became a pioneer in his own right, helped fund publications and initiatives similar to FIDO in the United States, contributing to Le Zombie fanzine. Le Zombie, which began production in December 1938, likewise included a “War Department” section which organized to provide fanzines to American fans who had enlisted, in order to help them maintain some level of connection and normalcy under the pressures of war.

(14) THE HARRYHAUSEN WE MISSED. Episode 27 of the Ray Harryhausen Podcast celebrates “Ray Harryhausen’s ‘Lost Movies'” (Part I).

The first of two podcasts exploring Ray Harryhausen’s unmade films, this episode features interviews with contributors to upcoming Titan Books publication, ‘Harryhausen: The Lost Movies’. The book examines Harryhausen’s unrealised films, including unused ideas, projects he turned down and scenes that ended up on the cutting room floor. This book includes never-been-seen-before artwork, sketches, photos and test footage from the Harryhausen Foundation archives.

(15) FAMILIAR FACE. Hayley Atwood will be in the next Mission: Impossible film. More details in The Hollywood Reporter.

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@wellhayley Should you choose to accept…

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[Thanks to John King Tarpinian, Andrew Porter, BravoLimaPoppa, Cat Eldridge, Mike Kennedy, JJ, Martin Morse Wooster, and Chip Hitchcock for some of these stories. Title credit goes to File 770 contributing editor of the day Jon Meltzer.]

Second Arbitration Decision Goes Against Arisia

Nicholas “phi” Shectman, President of Arisia, Inc., reports the other shoe has dropped — the group will owe another large amount from the Westin arbitration decision on top of the penalties already due to the Aloft/Marriott (“Arisia Suffers Reverse in Contract Dispute with Aloft”). The liabilities resulted from the Boston convention’s cancellation of plans to use two strike-affected hotels for their 2019 event.

Shectman’s statement tells the precise liability owed to the Aloft, and the amount of the judgment in the Westin case.

This morning, the Executive Board received notice of the fees and interest due to the Aloft in addition to the $44,417.50 award. These total $16,731.71.

This afternoon, the Executive Board was informed that the ADR with the Westin was decided against us. Judgment was set at $50,000 plus fees and interest, exact amount still unknown but probably similar to the Aloft.

This, combined with the loss in the Aloft case, presents Arisia with obligations that far exceed our reserves and expected immediate income. Whether this is a loss in excess of what Arisia can manage depends a great deal on what terms of payment can be agreed. Paying $125,000 is impossible now, but might be possible over some number of years, even with interest.

The Eboard is continuing to consult with legal counsel and attempting to negotiate with Marriott in order to clarify exactly what our options are and what the costs of these options would be. We will keep the membership informed as the situation develops further.

We recognize and appreciate our community’s willingness to support us with additional dollars. Fundraising is likely to be a part of any scenario. We should have more information there within a few weeks. Fundraising details will depend on pending legal questions, so we would prefer not to speculate on what shape that will take until then.

This matter will certainly be discussed at the upcoming corporate meeting on August 22nd. At this time, the Eboard has no motion or recommendation that it plans to bring. Until we learn otherwise, nothing is off the table.

We would also like to thank the Arisia community for its continued support through the uncertain days ahead.  Your enthusiasm is why we do this, and we couldn’t do it without you.

 — Nicholas “phi” Shectman, President, Arisia Inc.

State Judge Awards Peter S. Beagle $332K in Damages

A California court has ruled in favor of Peter S. Beagle about most of his claims in a suit against former manager Connor Cochran, and awarded him $332,500 in damages.

In a decision handed down June 21, Alameda County Superior Court Judge Michael M. Markman found that Beagle proved his claims against Cochran for financial elder abuse, fraud, breach of fiduciary duty, and defamation. But the judge disallowed claims for elder abuse based on acts resulting in mental suffering, and conversion (of assets). He awarded Beagle $7,500 for defamation, and $325,000 on the remaining claims. The judge awarded no punitive damages. He did grant Beagle reasonable attorney’s fees in an amount to be determined.

Peter S. Beagle sued Cochran in 2015 for $52 million in damages, disgorgement of illegal gains and restitution, and dissolution of two corporations he co-owns with Cochran, Avicenna Development Corporation, and Conlan Press, Inc. The claims against the corporate entities were not part of this trial, being subject to the automatic stay of litigation that went into effect when Cochran and his companies filed Chapter 11 bankruptcy on January 4, 2018 (the day before the state trial was originally scheduled to begin.) The U.S. Bankruptcy Court later granted Beagle’s motion to partially lift the automatic stay and allow his suit against Cochran as an individual to proceed in state court.

While permitting the state trial to proceed, the Bankruptcy Court withheld permission to execute on any judgment pending its own order. Therefore, action cannot be immediately taken to collect the latest award of damages.

Judge Markman’s 17-page decision is informative about the court’s evaluation of the parties and issues.

While explaining his finding that there was elder abuse in financial terms, Judge Markman characterized defendant Cochran in these terms:

B. Elder Abuse Based on “Constructive Fraud”

“…The Court finds that Cochran assisting in taking Beagle’s intellectual property was for a wrongful use and with the intent to defraud Beagle. To better understand why, a few comments concerning Cochran’s demeanor at trial are in order Cochran presents as an extremely intelligent, articular, overly-aggressive hustler and pitch-man. Cochran’s written work product attempting to promote Beagle’s work is written as Cochran speaks – with a flair for the dramatic that is at best loosely based in truth. As byt one example, Cochran prepared pitch materials for Beagle purporting to estimate the value of Beagle’s intellectual property exceeding $15 billion. While Beagle’s work is certainly valuable, and Beagle likely found the idea in Cochran’s pitch that it was worth that much money to be pretty flattering, there is nothing that might suggest his intellectual property is worth that figure. Cochran also began holding himself out as a specialist in handling business affairs for older authors.

“Cochran’s work with Beagle unquestionably made Cochran Beagle’s fiduciary. Cochran served as Beagle’s business manager for many years. The testimony made clear that the two men shared an important friendship. The Court was convinced that Cochran really did believe he had Beagle’s best interests in mind when working for Beagle. Cochran was convinced that he needed to take care of Beagle’s finances, rationing cash and paying bills, and to otherwise help Beagle with day-to-day tasks (most of which involved money.)

“At a certain point, however, the evidence reflects that Cochran allowed his role as the trusted advisor to get the better of him. He crossed the line from business manager to over-paternalistic friend, exercising a surprising degree of control over Beagle’s finances and, in effect, Beagle’s life. His own testimony reveals that he had convinced himself that controlling Beagle was in Beagle’s best interests because he viewed Beagle as a spendthrift (and Beagle viewed himself that way). He also convinced himself that only he could rescue Beagle and transform Beagle’s works into an intellectual property mega-estate. And, Cochran convinced himself, he should benefit accordingly.”

This was one of the claims for which damages have been awarded.

However, Judge Markman said a second claim of elder abuse on other grounds of intentionally inflicting emotional distress was unproven.

B. Elder Abuse By Acts Resulting in Mental Suffering

“…Plaintiff has not proven a claim for intentional infliction of emotional distress. Specifically, Plaintiff did not show that Cochran’s outrageous conduct – directed at Plaintiff himself – was taken with “the intention of causing, or reckless disregard of the probability of causing, emotional distress.”…In order to be “outrageous,” the conduct ‘must be so extreme as to exceed all bounds of that usually tolerated in a civilized community.’ …Cochran’s financial mismanagement, and his expressions of concern to Beagle’s friends and relatives for Beagle’s mental health and use of alcohol, do not rise to the level required by California law for an intentional infliction of emotional distress claim.”

“Cochran appears to have taken on a central role in managing Beagle’s funds, initially at Beagle’s request. But the evidence does not indicate that Cochran’s behavior relating to administering those funds triggered mental suffering for Beagle. Additionally, Beagle was apparently transferring funds at an alarming rate to his then-girlfriend, which Beagle would alternatively say she was using to visit a clinic or to gamble, or else would deny that he had made entirely. These transactions make it difficult to lay the cause of Beagle’s mental anxiety at Cochran’s feet.”

The court also explained why damages were awarded for the claims of fraud, defamation, and breach of fiduciary duty.

C. Fraud

“…Specifically, Beagle testified that Cochran affirmatively misled him concerning their respective ownership interests in Avicenna. He also testified that Cochran failed to disclose the Bylaws to Beagle, which would have established that Cochran controlled the company rather than the two parties sharing an ownership interest in its assets (Cochran contests this, and testified he did provide a copy of the Bylaws to Beagle).,,,

“…Even if Cochran had disclosed the Bylaws to Beagle, and Beagle lost them or does not recall, Cochran’s affirmative statements to Beagle concerning their equal relationship in Avicenna until he filed suit was highly credible….”

D. Defamation

“…Beagle has established by at least a preponderance of evidence that Cochran’s statements that Beagle had dementia were false, and Cochran knew they were false when made….

“….Cochran’s statements regarding Beagle’s memory in general, rather than his statements concerning dementia, appear to have been based on fact; they are not actionable….

“…Additionally, Beagle has an observable tendency to state things as fact even when he cannot recall the event(s) on which they are based….  The Court observed Beagle mixing up events in his testimony on more than one occasion during the course of the trial.”

E. Breach of Fiduciary Duty

“…Cochran obtained an unfair advantage as a result of his work as Beagle’s fiduciary. Among other things, Cochran transferred a substantial amount of money to himself to pay personal expenses….”

However, when it came to the claim of conversion, the court said part of that issue involved actions by Avicenna Corporation over which it did not currently have jurisdiction, while the plaintiff’s charge of conversion of the corpus of a trust created by Beagle’s mother was not proven.

F. Conversion

“…Beagle himself assisted in making Cochran the trustee of The Rebecca S. Beagle Trust. There is no indication that Cochran gained that role as a result of fraud or elder abuse….”

Further developments in the case await action by U.S. Bankruptcy Court.

 [Thanks to Nick Mamatas for the story.]

Court Rules Star Trek/Seuss Mashup Is Copyright Fair Use

ComicMix was the winner today when a Federal judge decided the remaining copyright issues in Dr. Seuss Enterprises’ suit to stop the Oh, The Places You’ll Boldly Go! project.

Dr. Seuss Enterprises (DSE) had claimed the crowdfunded book, featuring the writing of David Gerrold and the art of Ty Templeton, infringed their copyright and trademark for Dr. Seuss’ Oh the Places You’ll Go! A court ruling in May 2018 disposed of DSE’s trademark claims, but the copyright claims remained to be litigated.

In granting ComicMix’s motion for summary judgment U.S. District Court Judge Janis Sammartino explained: “Summary judgment is appropriate where the Court is satisfied that there is ‘no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’”  

ComicMix argued there was no copyright infringement because Boldly is fair use, and under applicable caselaw “the doctrine of ‘fair use’ shields from infringement particular uses of a copyrighted work.” 

Judge Sammartino wrote that Congress set forth four non-exclusive factors for use in evaluating whether a particular use of a copyrighted work is fair: 

(1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

The Hollywood Reporter’s Eriq Gardner explained the judge’s analysis of this factor in his story:

In an attempt to foreclose a successful fair use defense, Dr. Seuss Enterprises pointed to the Federal Circuit’s 2018 decision in Oracle America, Inc. v. Google. That case deals with copyrighted Java API code and whether Google infringes when it makes its own version intended to allow software programs to communicate with each other. It’s a high-stakes battle that has a good shot of being taken up by the Supreme Court. When it comes to the purpose and character of Boldly, Dr. Seuss analogizes the book to what Google did with Java.

“The Court does not find Oracle persuasive,” responds the judge, addressing what she sees as the key distinction. “in Oracle, the Defendants copied the 37 SE API packages wholesale, while in Boldly ‘the copied elements are always interspersed with original writing and illustrations that transform Go!’s pages into repurposed, Star-Trek-centric ones.’ Defendants did not copy verbatim text from Go! in writing Boldly, nor did they replicate entire illustrations from Go! Although Defendants certainly borrowed from Go!—at times liberally—the elements borrowed were always adapted or transformed. The Court therefore concludes, as it did previously that Defendants’ work, while commercial, is highly transformative.”

(2) The nature of the copyrighted work;

The judge finds that the factor of the nature of the copyrighted work — Dr. Seuss’ Oh, the Places You’ll Go — slightly favors the plaintiff before addressing the amount and substantiality of the portion used.

(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole;

Judge Sammartino said that she considered the situation in the current case to be comparable to a suit about a poster created to advertise Naked Gun 33-1/3: The Final Insult:

Although the Court ultimately concluded that Boldly was not a parody, the Court concludes that this csse is most analogous to the situation in Leibovitz v. Paramount Pictures Corp. In Leibovitz, the defendant was alleged to have infringed a famous photograph of a nude, pregnant  Demi  Moore  that  appeared on the cover of the August 1991 issue of Vanity Fair. The photo of Ms. Moore was itself “a well known pose evocative of Botticelli’s Birth of Venus.”

As part  of  an  advertising  campaign  for  an  upcoming  movie,  the  defendant  commissioned  a  photographer  to  take  a  photo  of  another  nude,  pregnant  woman  in  a  similar  pose,  and  “[g]reat effort was made to ensure that the photograph resembled in metic ulous detail the one  taken  [of  Ms.  Moore]  by  [the  plaintiff],”  from  the  model’s  posture  to  her  hand  placement to the use of a large ring on the same finger.  The defendant’s photograph was then digitally enhanced using a computer to make the skin tone  and body shape more closely resemble that of Ms. Moore in the plaintiff’s original photo.  Leslie Nielsen’s face was superimposed on the model’s body, “with his jaw and eyes positioned roughly  at  the  same  angle  as  Moore’s,  but  with  her  serious  look  replaced  by  Nielsen’s mischievous smirk.”  The finished poster advertised that the movie was “DUE THIS MARCH.” 

The Second Circuit stressed that, “[i]n assessing the amount and substantiality of the portion used, [the court] must focus only on the protected elements of the original.”  Consequently,  the  court  reasoned,  the  plaintiff  “is  entitled  to  no  protection  for  the  appearance in her photograph of the body of a nude, pregnant female,” but rather  only  “the  particular  way  the  body  of  Moore  is  portrayed.”   

The  court  clarified that, “[e]ven though the basic pose of a nude, pregnant body and the position of the hands, if ever protectable, were placed into the public domain by painters and sculptors long before Botticelli, [the plaintiff] is entitled to protection for such artistic elements as the particular lighting, the resulting skin tone of the subject, and the camera angle that she selected.” The court ultimately concluded that the defendant “took more of the [plaintiff’s] photograph than was minimally necessary to conjure it up, but” that there was “little, if any, weight against fair use so long as the first and fourth factors favor the” defendant. 

As in Leibovitz, the Court must take care in distinguishing precisely those elements of the Copyrighted Works to which Plaintiff is entitled copyright protection.  Examining the cover of each work, for example, Plaintiff may claim copyright protection in the unique, rainbow-colored  rings  and  tower  on  the  cover  of  Go!  Plaintiff,  however,  cannot  claim  copyright over any disc-shaped item tilted at a particular angle; to grant Plaintiff such broad protection would foreclose a photographer from taking a photo of the Space Needle just so, a result that is clearly untenable under —and antithetical to—copyright law.  But  that  is  essentially  what  Plaintiff  attempts  to  do  here.    Instead  of  replicating  Plaintiff’s rainbow-ringed  disc,  Defendants  drew  a  similarly-shaped  but  decidedly  non-Seussian  spacecraft—the  USS  Enterprise—at  the  same  angle  and  placed  a  red-and-pink striped planet where the larger of two background discs appears on the original cover. Boldly’s cover also features a figure whose arms and hands are posed similarly to those of Plaintiff’s narrator and who sports a similar nose and eyes,  but Boldly’s narrator has clearly been replaced by Captain Kirk, with his light, combed-over hair and gold shirt with black trim, dark trousers, and boots. Captain Kirk stands on a small moon or asteroid above the Enterprise  and,   although  the  movement of the moon evokes the tower or tube pictured on Go! ’s cover, the resemblance is  purely  geometric.   

Finally,  instead  of  a  Seussian  landscape,  Boldly’s  cover  is appropriately set in space, prominently featuring stars and planets. In short, “portions of the old work are incorporated into the new work but emerge imbued with a different character.” 

(4) The effect of the use upon the potential market for or value of the copyrighted work.

The Hollywood Reporter summarized the court’s take on the last factor:

When it comes to Oh, the Places You’ll Boldly Go!, the judge concludes that it isn’t likely usurp its predecessor’s position in the children’s book market because ComicMix has targeted those familiar with both the Seuss and Trek canon with a work that includes some sexual innuendo (hello, Captain Kirk). The derivatives market is called a “closer question,” but the judge notes that Dr. Seuss has “introduced no evidence tending to show that it would lose licensing opportunities or revenues as a result of publication of Boldly or similar works.”

Judge Sammartino, finding this factor did not favor either party, invoked the Supreme Court’s statement in Fogerty v. Fantasy Inc. to justify ruling for ComicMix:

The Supreme Court has admonished, “[t]he primary objective of copyright is not to reward the labor of authors, but ‘to promote the Progress of Science and useful Arts.’   To this end, copyright  assures  authors  the  right  to  their  original  expression,  but encourages  others  to  build  freely  upon  the  ideas  and  information  conveyed  by  a  work.”   

Following the ruling an attorney for the losing side, Dr. Seuss Enterprises, said the group was “considering all of its options, including an immediate appeal to the Ninth Circuit.”

The text of today’s decision also revealed ComicMix originally planned to follow up Boldly with two other Suess/Trek mashups, “Picard Hears A Q” and “One Kirk, Two Kirk, Red Shirt, Blue Shirt,” whose fate is now uncertain.

[Thanks to Eric Franklin for the story.]

Ed Kramer Charged with Parole Violation, Back In Jail, Computers Seized

Ed Kramer, Dragon Con co-founder, has been arrested and jailed on a parole violation, accused of taking a picture of a child without the parents’ consent. Some news sources describe the child as a boy, another as a girl.

According to the Gwinett Daily Post’s story “Convicted sex offender, DragonCon co-founder Ed Kramer back in jail”

Kramer was arrested by Lawrenceville Police Department officers on Tuesday, five days after he was accused of taking photos of a boy believed to be seven years old, an incident report said.

According to the report, officers were dispatched to Gwinnett Pulmonary Group after receiving a call that Kramer, after leaving a doctor’s appointment, remained in the check-out area and was watching the boy.

“He was later seen watching the child and holding his cell phone in a manner that suggested that he was photographing (the) child,” the report said. “The complainant stated that she observed the flash of the camera and she stated that (Kramer’s) eyes never left the boy.”

Atlanta TV station 11Alive aired a report with police bodycam video showing the arrest.

Gwinett County District Attorney Danny Porter, who’s been involved with Kramer’s case for years, spoke to WSB TV reporter Tony Thomas (“DragonCon co-founder took pictures of child inside doctor’s office, police say”):

Porter… said he’s not surprised Kramer has been arrested again. 

“It’s the case that never ends,” Porter said. “I knew it was never going to end.”

Kramer was sentenced years ago, but Porter has kept the files against Kramer nearby. 

In the past, Kramer was sentenced to five years of house arrest on three counts of child molestation. He was released in December.  

… Authorities are now trying to revoke his probation and a judge could resentence him on his original conviction. He could face up to 55 years in prison.  

Porter said police found several computers and storage devices in Kramer’s Duluth home and are still going through them. 

“Any indication there are other instances out there?” Thomas asked Porter. 

“There isn’t at this time,” Porter said. “I think once we get into a forensic analysis of the computers and the storage media, there may be something there.”

Kramer will be back in court Thursday as authorities try to quickly schedule a probation revocation hearing to get him moved into state custody.

Kramer’s bond for the most recent charges is set at $22,200. As of Wednesday afternoon, he remained in jail.

Kramer pleaded to three counts of child molestation in 2013 as trial was set to begin in Gwinnett County, entering an Alford-type plea as provided under Georgia case law in which he agreed to the conviction even though he still claimed innocence. Kramer agreed to pay damages to the victims and was sentenced to serve a term of confinement at home.

In December 2017 the state of Georgia’s Sexual Offender Registration Review Board (SORRB) designated Kramer a “sexually dangerous predator,” the ranking with the highest perceived risk for recidivism. Georgia law requires “SDPs” to be monitored by GPS for the rest of their lives.

Kramer co-founded DragonCon in 1987 but has not been involved in the operation of the convention since 2000 when he was arrested for the alleged molestations. However, he retained part ownership of Dragon Con until July 2013, when he was bought out by the organization, four months prior to his guilty plea.

[Thanks to Nancy Collins for the story.]

Court Rules Against Del Arroz on Four Issues in Lawsuit Against Worldcon 76, Allows Litigation to Continue on a Fifth

In today’s hearing on Jonathan Del Arroz v. S.F. Science Fiction Conventions, Inc., Santa Clara County Superior Court Judge Mark H. Pierce issued a tentative ruling tossing four out of the five causes of action in Del Arroz’s lawsuit against Worldcon 76’s parent corporation. A fifth complaint, defamation, remains before the court.

Del Arroz sued SFSFC last April after the Worldcon 76 committee announced he would not be allowed to attend the convention (“Del Arroz Files Suit Against Worldcon 76”; “We have taken this step because he has made it clear that he fully intends to break our code of conduct….”)

The five causes of action asserted in Del Arroz’s complaint were: (1) Violation of California Civ. Code §51 (Unruh Act, claiming discrimination based on “political affiliation and political beliefs”); (2) Violation of Civ. Code §51.5 (also a law against various forms of discrimination); (3) Violation of Civ. Code §51.7, the Bane Civil Rights Act, a law which protects against “violence, or intimidation by threat of violence” because of a political affiliation (or other arbitrary discrimination); (4) Violation of Civ. Code §52.1 (the Ralph Civil Rights Act); and (5) Defamation.

SFSFC’s attorney Ann G. Nguyen filed demurrer motions against the first four causes on October 11. A ‘demurrer’ motion is one objecting to a pleading by the opposite side, claiming opposing counsel’s claimed facts weren’t sufficient to support a cause of action. JDA’s attorney Peter Sean Bradley filed opposition responses with the court earlier this month. (The attorneys previously shared their positions in correspondence.) Nguyen also filed an Anti-SLAPP motion against the fifth cause of action.

The court sustained SFSFC’s four demurrers, but denied the Anti-SLAPP motion.

The court ruled that in the first two causes of action Del Arroz had claimed protections that are not part of the law. About the Unruh Act it said —  

Plaintiff has failed to identify any published California decision expressly stating that “political affiliation” is a protected classification for purposes of the Unruh Act and the Court is unaware of any.

…“Political affiliation” is simply not a personal characteristic protected under the Unruh Act.

And about Section 51.5 it said –

The claim fails as a matter of law because, as explained above, “political affiliation” is not a “characteristic listed or defined in subdivision (b) or (e) of Section 51.”

The court ruled against JDA’s third cause of action because there was no threat of violence, the sole support for which was the committee’s email stating that “If you are found on the premises of the convention center or any of the official convention hotels you will be removed.”

The Court concludes that a reasonable person would not have perceived the Jan. 2, 2018 email from Lori Buschbaum as a threat of violence. Leave to amend is DENIED as the defect cannot be cured without contradicting the existing factual allegations that the sole basis for the claim is the January 2, 2018 email from Lori Buschbaum.

Likewise, the court concluded the fourth cause failed to show any violation of the Ralph Civil Rights Act —

Under no circumstances could this be objectively construed as a threat of violence against a specific person (Plaintiff) made by a person (Lori Buschbaum) with the apparent ability to carry out such a threat.

SFSFC’s Anti-SLAPP motion to strike the fifth cause of action, defamation, was denied by the court. SLAPP refers to a “strategic lawsuit against public participation,” a suit intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. California law counters SLAPPs by allowing a defendant to make a special motion to strike a complaint when it arises from conduct that falls within the rights of petition or free speech.

To receive protection under the anti-SLAPP statute, SFSFC had to show that its statement why Del Arroz wouldn’t be allowed to attend the Worldcon was “made in a place open to the public or a public forum in connection with an issue of public interest.” If they satisfied those conditions, then JDA would have to prove there is a probability he would succeed with his defamation claim. However, the court decided that while SFSFC made its statement in a public forum, this was not “an issue of public interest.”

Defendant’s special motion to strike the fifth cause of action for defamation is DENIED for failure to meet the initial burden to establish that Plaintiff’s defamation claim is based on its protected activity. Defendant’s publicly accessible web site and social media sites do constitute “public forums” for purposes of the anti-SLAPP statute.

However Defendant has failed to establish that its statement that Plaintiff had been barred from the convention because of “racist” and “bullying” behavior (and this is the only reasonable interpretation of Defendant’s statement) concerned a matter of public interest.

…Defendant’s evidence (in particular the declarations of Kevin Roche and Charles Serface) fails to establish that its statement regarding Plaintiff was made in the context of an “ongoing controversy, dispute or discussion,” of interest to a definable, measurable portion of the public. At best Defendant’s evidence shows that Plaintiff engaged in online arguments with a handful of identified persons in which he used disparaging insults (but notably not any clearly racist ones). This evidence does not support Defendant’s “public controversy” argument with any actual evidence that any sizable portion of Defendant’s claimed membership of 7,812 persons (let alone the “science fiction community as a whole,” which Defendant fails to even define much less explain how its awareness and engagement could be or were measured) was even aware of Plaintiff’s identity, much less his disagreements with a handful of identified persons or with Defendant as an organization and was engaged in a discussion about the subject before Defendant’s January 4, 2018 announcement that Plaintiff had been banned from attending the convention because “racist and bullying behavior is not acceptable,” clearly referring to some (unidentified) behavior of Plaintiff.

Because the Court finds that Defendant has not met its burden on the first step of the analysis, it is not necessary for the Court to address the second step.

The tentative ruling will dispose of the first four causes of action unless Del Arroz appeals, and the case will continue with just the defamation claim.